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free Ml Brcs1 r - . -i THE UWIOH OP THE STATES LSD THE C0B8TITUTION OF THE UHIOH." VOLUME 25,-MlBER 6. (WtROLMOY CARROLL COUNTY, Tkt PrMldent'B Massage. SPEECH OF HON. J. A. BINGHAM, or Ohio, It TBI HoOSB or KiriMMTATIVM, January 13, 1867. Tb President's Annual Message being un der ooaerd.r.rton, on a nsotioa to refer aid print Mr. BINGHAM taid : Mr. Spiabbb I The Presided Message, bow under consideration, abeundt m sentiments subversive of tba Constitution, and eanctioDe tad defend a policy destructive of the public avaoe, aail UJIMttHrtM public lotereeta. And yat tba Preaideat eomplaina of agitation. Hia (riand aad advocate, tba gentle man from Georgia, Mr. f-'tepbens, repeati bi ecmrpiaint, aad criea, 'Agitaiioa !' 'Agitation 1' There baa beea agitation, general and universal, a- moagst the people. It stilt continue!, and not without canee. The President, in my judge, mefit, baa Sotted tba high Inula committed to bisa; heaeeth agitation, and that 'cry of a lam' among the people of which be compUini. Ia it right, air, that the people raise the cry Of alarm;' it is right that they agitate for the eerrect'oo of abuses committed by their agents aad representatives. I believe, with Burke, where there is abuse, there ought to be dim- or; because it is better to have our slumbers broken by the fire-bell, than to perish amidst the fltmes.' The President in bis message, under cover of a cunning device of words, advances the monstrous proposition that the leveral States of (his Union, as States, hae a constitutional nd imprescriptible right to traffic in slave., not on ly within their repective limits, but throughout the national Territories. Having inaugurated this policy ia Kv, by which thst ill-fated Territory has been subject-d to an absolute ty. ranny; by which its soil hai been cursed with the saanaek'd fot of the bondman, aud stained with the blood of murder and assassination; the President, with an ascidity unparalleled, dep riaatas agi.ation, and demands acquiescence in Ibis policy as the test of R lelily to the Consti tution and the Union, To enfore this acquits evnee a a duty, the Presilent undertakes a de fease at the repeal of what he terms 'the stat ute restriction upon the institution of new States,' and an exposition df the principles of the Constitution and ef the rights of th-; States Under it. Of the repeal of the 'statute rstric tioa' by the Kansas-Nebraska act of 1 854, he aae: 'Congress legislated upon the (abject in such tsrma as were most consonant with the princi ple of popular sovereignty which underlies our Gorerament. It cauld not have legislated oth erwiae without doing violence to another great principle of our insti utiens. the imprescriptible right of equality af the several Stales.' This 'statute restriction upon the institution af new States.' which was repealed, the Presi dent tells us was violative of the imprescriptible right of equality af the several States, ' It is aot the right of the new States that this statute rsstrictioa invaded, for they were not in being but the itopreecrlptibls light of equality of the tereral States. What was tbis statute restriction, '.he repeal of which the President thus atterapfrtp defend, and why waa it originally enacted T It was tha restriction imposed upon the extension of slavery by tba eighth section of the act of 18 20, commonly called the Missouri compromise ; and which forever excluded slavery (other wise than in punishment of crime) from all that part af the Louaiana Territory lying west of the westsrn boundary of the oiate of i!souri( aad north of 36 30 north latitude. Thii prohi bition waa in its terms perpetual' Tbe motives which nromnted its enactment are apparent. r r The Congress which enacted it, doubtless felt, aad kaew, that slavery was subversive of the end of all free government, a violation of jus tice and of the rights of the enslaved, and con trary to the spirit of our free Constitution: they also kaew, that in the wrong in which this institution has iu inception, there was no law to restrain the enslavement of all classes and races of men; that the brute force, by which the inherent rights of the black race bad for centu ries been cloven down, was not likely to be re strained from inflicting like cruelties and op pressions upon the white race that the vio. ;fence in which thia system lives and has its be ing, is deaf alike, to the voice of justice and the cry of the oppressed, whether that cry burets from the crushed heart of an African, or aa American. Hence the origin of that enact ment. It waa humane, politic, and just. Bat, sir, it waa repealed, we are told, in or der to maintain inviolate 'the imprescriptible right af equality af the several States.' An imprescriptible right of equality in what ? ' Ia the bones aad sinews and soals of mea I Aad this right, the President tells as, ia imprescrip tible aot to be forfeitsd by aoauaer, nor to be restrained by oongrMib?l enactment, aad eo- extensive with the national itjMlt. The President farther telle us that thia aWiai 'i' a great principle of our lasiituuoas a oonstita tloaal right af each and all of the State of th" Uaioa. as Stale, which the people, b their re. cent political action, have aaaetioaad aad announced,' U all tbis be true, what a mockery fcr the i resident to Ull as. as he does tell as, ia th very next line of tbii message, that the peepl nave mas 'proclaimed their unalterable and de voted attachment to the Constitution, as th safeguard of the rights ol all, end as tba enirit oi ma liberty of tbe Repabllc.' The spirit of me iioerty of the Republic 1 to enslave men throughout the national jurisdiction ! to cast fetter upon tbe human soul! to interpoae tbe oar shadow of oppression between man and LA W e ... nis maaer I &r, this is not the spirit of thst liberty which God gave to man when Ha brae Ik. A ' l: . i i i . . "cu iuiu vim lire Dream 01 ine. 1 his is not tba spirit of tbat liberty, one boar of wbleh, 1 worth a whol eternity of bond eg,' Tbie not tbe spirit of tbat liberty, for which Hamp den and Sidney died, and for defending which Milton was hunted and persecuted in his blind ness. This is not tbe soirit ef that liberie- Bm which the great apostles of oar race men of i j whom the world was aot worthy suffered hunger and thirst, co'd and nakedoesa, and en- dured, wiihout fear and without reproach, the jeers of hate, the scowl of power, the gloom of the dungeon, the torture of the wheel, the ag ony of the faggot, the ignominy of tba acal fold and the cross. I shall not stop to inquire, whether tbe President, has not uttered (flagitious libel up on the American people by his announcement, that they have aanctioned this alledged right to enslave men as the 'constitutional right of each and all of the States, as States, as the spirit o' the liberty of the Republic ' They will answer to that charge themselves, and with more po tency than any man cm answer for them. Is it true, that thia alleged imprescriptible right of the several States, is a great principle of our institutions, sanctioned by the Constitu tion, and upheld by the national arm ? If this be true, it affords tbe rti.son of the President's assertion in his message of last yer, that the attempt by congressional enactment to prohib it slavery In tbe Territories recently acquired from Mu co was 'the endeavor to force the h deag of internal policy entertained in particular States, upon allied independent States'' With these instructions of the President up on the 'theory of our Government,' we can un derstand why it is that the 8 uihem Slates de ny the right or power of Congress to exclude slavery from the Territories; while distinguish ed representatives af the South demand of Con gress the repeal of all restrictions upon the traf lie in slave throughout the national jurisdic tion, whether upon the land or the sea. To be sure, the Constitution provides, that Congress shall have power to regulate commerce; and the power to regulate implies the power to pro hibit; but ibe Constitution also provides that 'Congress shall have power to make all need ful rules and regulations respecting the territo ry of the United Stales.' The power of Con gress to legislate in respect of each of these subjects, commerce and the Territories, ia the same, general and exclusive. The word need ful expressed in tbe one grant of power, ia im plied in the other. Only thai legislation which is needful is contemplated by the Constitation in either or any case; only that legislation which is needful should be tolerated by the peo ple. If the President be correct, it follows that these powers in Congress are but trust powers, to be so exercised as not to infringe but maintain th;s .Hedged imprescriptible right of each and all of tbe Slates as States, Tbis was the o pinion of Mr. Calhoun, from whom manifeetly tbe President has taken his political faith. That illustrious Senator Mr. Calhoun said 'It was they tbe several States who consti tuted tbe Government as ihelt representative or trustee, end intrusted it with powers to be exercised for their Common benefit. "(Cal houn's works, vol. 4, p. 497) II it be true, then, tbat the States as States have each this imprescriptible right to traffic in slaYcs, not only within but also wiihout their respective limits, and tbat the National Government is but their trustee to enforce it, In my judge ment, South Carolina has the same constitu tional right to demand the repeal of your stat ute wbieh prohibits the slave trade upon the seas, and punches it with death, as Virginia had to demand the repeal of your statu'e of 1820, which prohibited the slave traffic in the Territories, Both these enactments rest for their validity upon tbe same general power in Congress; and ibe extra territorial right of the several Slates, to traffic in slaves, if it exist, as sacred upon the seas as upon the land. It logically results, therefore, upon the Pres ident's showing, that the statute restriction up on the slave trade upon th seas is violative of a great principle of our institutions, tbe impre scriptible right of equality of the several States. Hor eomes it that the President, does not at once denounce this unequal exercise of the trust power of Government over the foreign commerce of the States, as 'aa endeavor to force the ideas of oonmercial policy entertained lf) navicular States upon allied independent States wo' 'nr' rom th lsTuge ci:jd -.I we had no constitutional Of m President, f .. , iff ' ed under the Con- " 'TJrLz . -f Ait rat eoniry upon the lead aad tbe aea waa net under the exclusive eoatrel of a Natioaal Gov erament. bat waa subject to tbe sovereignty and eonflicliag regulations af thirty ene allied independent States. I scout all such dogmas. I rejoice to-day ia the assurance, that, despite the President's false aUtemeat aad falsa logic, we have a Na tional Geverameat, fally empowered by the Constitution, to regulate exclasively the com merce of the country with all foreiga States, between tbe several Slates of the Uaioa, aad throughout the national Territories. Every American cilixea knows that the eommereia) embarrassment of lb country, after th estab lishment of independence, arising oat of th cocflictiag commercial regulation of the States nder the Confederation, contributed more than any other cause, to the formatiot of the Constitution. Who will forget th nebl a-.tion of Virginia a 1786? Virginia, the mother of dead heroes and dead patriot, and dead Statesmen, hat thank Godl tba mother also of a living repub- s, and a living Constitation. Whan Virginia in 1780, appointed her commissioner, iostiuct- ng them to meet sacb commissioners aa the other States of tbe Union should appoint 'to ake in consideration the trade and commerce of the United' States,' she took the first great step towards (he formation of tbat more per fect anion, and free writen Constitution, under which we live. Sir, thst Consti ution was or- ained and establiahed by the people of the United States, to establish justice; to provide for the common defense; to promote the gen eral welfare; to insure domestic tranquility; o protect industry, to regulate commerce, and to secure the blessings of liberty, and not u foim a mere alliance of 'independent States,' with an equality of right and States, to enclave men within and wiihout their representative jurisdictions. But says the President, the States are equal and bare each and all as Stales equality ol iguis ine several mates are equal ia re - tni. , o. . peel of all the great and essential tights of a free commonwealth, in respect of all rights sanc tioned by the Constitution and consonant with its spirit; they each and all, under the Cjn-ti-lution, have ibe right to do whatever a 'free Slate may of right do.' except that they may not exercise any ol the powers granted by the Constitution exclusively to the General Gov- rnment. But I have yet to learn, Ihu anv Stale, formed under and by virtue of the CVa- lilution, may of right enslave its own children, and sell tbem like cattle in the shambles I rhe Constitution does not provide for tbe erec tion and admission into the Union of auch States, or does it admit the existence of such a tyrrany within the Territories, where itajuris- iction is exclusive. Tbe States, I say, are e- qual under the Constitution in the right, within their representative limits, t establish justice, to promote the general welfare, and to secur to each and every person therein the absolute enjoyment of the rights of human nature, which are as impressible as the human soul, and as niversal at th human race. But th State art unequal in the right to do wrong, if I may be allowed the paradox in the privilege to trample upon the inborn rights of humanity, and to violate the principles of eternal justice which require, that every man ahall receive bi due. The original State, not under the Constitution, nor 'by fores of the Constitution,' but independent of it, retained to themselves a monopoly in the horrid crime of slavery, within tbeir respective limits, and also ia th clave traffic for twenty years upon th high sea. This reservation of privileges by tbe original States this inequality bstween them and the new States formed under and only by force of the Constitution is written upon the face of that instrument, and deolared by the national legislation in the erection and admission of new States. The constitutional provision for a three-fifth representation, based (upon slave population and alo, th provision for the recapture of (laves escaping from one State into another, implied an exclusion of the General Gorernment from any interference for the abo lition of slavery within the original Slate These two provisions arc, in fact, implied liini. tations upon the power of the General Gorern ment, for tbe exclusive benefit of tbe original Slate. So, also, the ninth section of the first article of the Constitution wts an express limi tation of the power of Cangieis over the for eign commerce in slaves, for the exclusive ben efit of the then existing Stats. Tbat section is in these words: "Th migration or importation of tuch per sons as any of the States now existing ahall think proper to admit, shall not be prohibited by Congress, prior lo the year 1808, but a tax or duly may be imposed on tush importation. net exceeding ten dollar tor each person. This express limitation in faror of th ori gins! Stales, wat absolutely necessary if they woald continue the foreign slave trade after the adoptioa of tha Constution, for the reason that the Constitution was declared 'to be the supreme law of the land the constitution and BWs of any Stat to the contrary not withstand lag," aad by its term the exclu.ive power wa granted to Congress t regulat foreign com merce area to prohibition, whih included nav igation aad inlcrooarae M vail aa trad, the OHIO, THIRSDAY, FEBRIARY 5, 18J7. importation or commerce ia claves, as well as th importatioa or commerce ia good. Tha all of these limiiatioae upon tbe power of the General Gevemmeat, whether implied or ex pressed, where forth exclasive benefits of tbe States then existing cannot be gamsayed, aad therefore the power of Congress was noi there by restrained ia legislating for the Govern ment of tb Territories, or for the iaatitaiion aad admisaiea iato th Union of new States. Th attempt was made ia the coaetitntiooa1 onvaiioo, to secure tb new States which might therefore be admitted into tbe Uoioa.tbe am privileges thus retained by the origiBal, Sutee. but it failed. Oa the S9th of A signet c I 87, a proposition waa made in tbe eonvea tioa. to provide by lb Constitution for the d ission of new States oi Baa eaawa eaewaa mttl the original Sta'es ' fStlliof Debetes. 493.1 Tbis proposition was rejected, and the provision adopted and inserted in the Coasti tutioa a it now .lands, that 'new State, may be admitted by th Congre. into tbe Union.' Why were the word. ' upon the same term, with lb origins! Stales' rejected by the Con- vention and excluded fr.rn the Constilaiion? u..;r...i. j.., , ., f, to declare plainly and distinctly""1 'be law of the land; that the inhabitant """"""ii wtiirt DiaiQir ana aisi oci the intention of th framer of the Conslitu ... ... .. .. - uon, mat new ri'es snouia not come inlD tt . . . Union of light, and upon the same terms with ihe original Stales; but only by the consentof um6...o, upvn ui u iciiup, auu unucr aucn reslricliona. as would inKiprl iIiri in ilia anirlt r il. c . i .. :. . jw- u y.t, . mm vuu.u.uuuu, u..k uui an u was uiijjiu pose conditions up- n them to which the original States were aot alihi.irlrt hv rn,iirinr, ilw m in !.,r,.... tl..i. domestic inalilutioaa n lli. P..nii!niinn In -11 . ... j - - v ....... j .... . v bUUIUIUl HIGH sily framed and adopted, but alio aa it migh ment to the Cons'.i.u. ion were repor'.t 1 to l!;, oae-pveaiat ta the act of Congrese af be therefore amended. ! sereraT States for adoption ; and wer by lhi'f)2'! ,jeh lr'd it jurisdiclioa. Tb This con.lruction. ir, of the Constitution, PP-e of the Sutes ratified and inworparaled ' it 'JYJwk'1 that Congre... in tbe organization and admist- i 'he Con.titu.ion. PM aosjrr, wtae ft, pr.MuoeeTbJ Ma7- repcts, has been affirmed and sanctioned by deprived of life, liberty, or property, without A fee itt'.t n fit frvtl t h el. the legislative, executive, and judicial depar'- due pvocess of law;- that tha people shal I enu pmi if, say I J, ,', p.ople'ofTienda ments of our Government, from the day of its hav the trial by jury in all case involving ! I err '')' da are; pMensaaa hi pol r.cal power organiiation. life ' hbert;, and Ibat private property thai; (; kBre ,n. , ,c Korrtomtrt ill Fior- Let il be borne in mind, NT, that on the '29th ay of August, 1787. when tbe constitutional . . . ,. anvention had the report of it commute pro- i con viding lor the admission of new .'late under consideration, and rejected the provision for their admission, on the same terms of the c- riginal States., the ordinance passed on the IS- it, .Jmm . , , . th of July, 1787, by the congresa of t he Con- , . . . . fc federation, for the government of the North- west Territory was in full force that il waa lhe law of all the national territory, and provi ded for the erecteon of new Statet therein, and for their admission into the Union of the Coo federation 'on an equal footing with the origi nal States in all respects whatever,' but sub ject, tierertbeleks, to certain terms, conditions, ard restrictions, which were not imposed upon tbeoriginal States. These terms, conditions. and restriction, were, ibat slavery, otherwise than in punishment of crime upon conviction, i should he forever prohibited wkhin neie Stattt that no mau should be therein deprived of his liberty or property, but by the judgement of hi peer, or the law of the land; tbat the in habitant thereof (all the inhabitants) should always be entitled tt tbe benefit of lb writ of habta corput , and of th trial by jury that private property should not be taken not even for publicuse without full compensation there for; and. hit the constitutions and governments of sacb new Sale should be republican, and m con formity to tne principles of tbe ordinance. These were provisions of the six articles of lhe ordinance, which were declared lo be unalt r- able but by the common consent, not of tbe new States merely, but of all the States, Up on tbe adoption of lhe constitution, tbe ordi nance was superseded and ceased to be law, for th reason that tba Government to which it owed its original validity bad ceased to be. I have the anthority of the president himself for tbat. He aya in his last annual message ..pigc 20: 'The ordinance for the government of the territory northweat ef the river Ohio had con tained a provision which prohibited the use of servile labour therein.' -Subsequent to the adoption of th Constita tion, this provision ceased to remain as law, for its operation, as such was absolutely supei- ceded by the Constitution.' But, sir, I rely not merely upon lhe Presi dent's assertion for the authority for saying ing lhat tbis ordinance ceased to be law upon lhe adoption of the Constiiution. The Su preme Court of the United Slates has so ruled and declared in the case of Strader tt al vs Graham, (10 Howard, p 82 j In that case Chief Jnatice Taney says: It has been idttlttd by judicial decision inthis court lhat thia ordinance of 1 787 J is not in force. As we h ive already said, it ceased (a ba lair upon lbs adop'.ion of the Constitution.' It is significant that th court in this case further decided ibat 'afo.taftli3mat.rul provisioas and princi ples the six articles ol tbe ordinance of 17 QTl l.Kin,l.lil mln tha t!,inMi 11 I Ion nt I the Uniied Slat..', ev.r since tbe 7ih day of August, 1789, J nave been established law cepi ay a arisen oi ma uuiieu mates removing within that Territory. But the provisions ow- into said territory for aclual settlement, and ad their legal validity and force after lhe Con- i being, at tbe lime of uch removal, bona fide litation was .doped, and while the territorial owner of such slave or or slaves.' SUui gorernment continued, to the act ot congre. of ted States Statnes, p. ? '. seo. 10. 7th August, 1789, which adopted aad coutinu n 1798 and 1804. the original States were ed th ardinaace of 1787, and caried its provi-j engaged in the foreign dlave traffic, i be siens into rxeeatioa, with seme modifi cations, limitation of the ninth section ot the first article which war oeeeecary to adopt its 'rm of Gov eraaMBt to th new CoesMaima. Aad in lb Staioe tinee formed ia the Territoriee. these provieioa. so fr aa they have been preserved www ineir validity sad eathority to the OtBj elilaiioa of tbe t ailed Sute. aad tbe eoaetka uoaa and laws of the respective StauaJ there- .n..abl,.bed.)a.d not to tb a.thori'y of tbe ordiaanr, of ine ol I Confederation" What weretb. ' most .ateri.l urov'siens and principles of thes six saaaaW -f i ,iB"Be? TU' r lboM hich 1 have al- ready eBumerated. Not oa of these priiiCiolea and provision enumerated are iaeoasialcnt w'b eonstiatioa, on the contrary they wr, " ioeortorated in tbe Constitution, not he i - w B - Conciliation was originally adopted, bur as it - WM thereafter amended br lb action of the first Congress in 1781 aad tha iiln..ri 1 t"" l Dtro" of people of the sxveral Stars. Fa! 'Constitution, as orioicallv sdooUd . orovidd - 'e g- r-rnment of the tarri ry of the'Cnii.d Ste'.s bv eongrMaioaal ensetment.. mi for theLnd bnilita ZZTjT admia.ion of new State, into ibe Union; but it! d,ei.ion, ' t'lamsd is did not, like the article, of tbe ordinance, f e - el.r that no man should be deprived of libertv or property but by the jadgement of bit peers ..,.4 iL.ll. Ji- tV fTZ !T . . ,T v " i.iiu, u.ai ine nnan i.aD.it i - all the inhab tints shnuM be entitled, in a') 1 ... . . "tea lavoiving l.uertv or l.f-, to tbe trie bv u- J J ry. and that piivale propertr sboold r.ol be ta ' aa even for public uses, without f-1! coropen- .wu univr, iu ioc iiuoor or Ice QrSI COB- ureas nmUr ih f.initiiMtinn il.. n , tTJio . U ..: j i i . . . .,... Ui,s,c,UJ m iu uin i?n arucies ci amend contain subttantiSlly, and alntst liierally, th OStaVlaMa-A nf tli. mntmmM nf i V. . J I " n.i.-i.. HI . I. -I UIIIJ.ULC, .li'J like tbf as. declare tl-at " nn mmmmm .W.i; not be tak?n for public use wiihout just eoro- pewMbn. J b articles of the ordinate had been a - Jopltd by the fust congress under the Const; tuVioa' and as th-j Consti'ution was lo be tbe supreme law nf the land . it wa. but taal tbat ,v Fir., rnnoP... . A rsl -0Bgres, hould huve '.hose great nrininl.. n.r,A k. .k . . . principles incoiporated by the consent eftbt whoIe mmM of lhe r-nion u th, rWet. Tha, mm . Wh .-. firj( Cn - - - . , 'uur j' S' I ongr adopt tl.ese provisions and principles of the or dinance, and procure lhir incorporation into the CjBs'.itution? Tuat can b matt Id an' answered in the worda of tL( ordinsnre itself: 'For extending the fundamental principles of civil and religious liberty,' 'and lo fix and establish those principles aa the basis oi aii aws, constitution, and governments which forever hereafter, shall be formnd within ah. llle Ttrritoriu.' j ne D-in ana six'.n ol these amen Jaien'.s (aye The m of im adopting lh,s ordinance. Tn. Jf,J q fc also the amendment incorporating it t"" I ih.refor. ..st.i.ed. and th. rule mad. pursu Er.nc.ples.n the Constitution, were Siatata j wee u, iti d.er.e held valid It h a lftk a resimtionsupoothoiastitution of new States' I ma,1, ta hear partis... ..y lh., fta b a ofp.rpetual obligation, and if tho.e retric-' m,re dictum, so far as it affirm, th. newer of tiouB violated lh. alledged impre.eriptible ; Congre.. over the T.rrimr,.. M mZ -s right of equality or the .everal Statet,' thai ,. , , c, , ,,, , . , , evaaion. that the court only decide, that 'Con First Congress,, and. Waslmig on, and the peo- ,. ,,. . .... , . . , " . r grese when proridin territorial courla ami, oa pie oi ine unneu oiate, were guilty ol ilia vuj- .f . t. TT.:..J ci... ... lation. I'erch.nce they hail not learceu lh. the sererai States, ns Stales harl n imnraiarlni. " , , . v r ciusivr j inaajHOM of Ike United St.ia in ad ible right to ensuve me.i ihrouhiiut tbe a UtJaa, The phi. word, of chief iu.tiee Mar tional termor,, or lhat new fcaJaa under the Jh.il !..t. no rj.ra far this evasion aad ex Constitution, might assert any such right- Lftfc ,T Iaci, conclurir,,,. He That Congress had th. power to exclude slavery from the Territories, and thereby im pose statute restrictions upon the new Slates, is clearly implied in .he deed of ce.sion bj i North Carolina, and accepted by the Congress ! of I790,of the territory oit of which Tennessee ; . Q, . , . , , h.s since became a State. That deed of ccsnon . . contains UitH words : Proriied,haao regulation, made, or to be ' made bv Congr7s7, .hall tend to emancipate i slaves therein.' Why this proviso, if Congress had no pow - er by statnte regulation to exclude ahrerv fiom , the Territories, and even to emancipate slave. : therein? Th ct of 1788, for lhe government of the Mississippi Territory, contained one of those Staiute restrictions, which we are (old rial.W the imprescriptible right of equ ility of the several States, in these words, 'It shall not be lawful for arr person, or persona, to import or bring ioio the said Wis- and of a State government' enr,ietent to ex. is.ippi Territory, from any port or place wiih- 'olud slavery from an 1 cmtnc pie nlaves wi;h out the limits of tbe United Slates any slave L . Terriiory T North Croliaaaad th. Cms. or slaves. 4 mmm IHOwan afihat opto oa henr. tb hat every .lave a imported or broughl, .ball, , ii.at.on on Uto power af Caflgr i. the doed mmmmwm, wm ... ' "C" freedom. 1 United Slates Staiute, p. 550 The act of 1804. for the goverment of the Terriiory of Orleans, in aJdi'.ion to the same restriction impose! upon the Mississippi Terri iory. contains another restriction upon the tsv ertl States and the people, in these word.-: 'No slave-or slaves shall, directlv or indi- ! recti, b. introduced into said Territory, ex- WHOLE M'SBER, 1,399. . .1.. ! . . - W..,,!(,t. HM ,Xprd( ,n( 0j. freae waa lber.br re,t,.iB.d frm proh.biting tbe importat.o of slaves, and tha reteallot of them aa .Uvea wiibia tb original aies; bat CeKffreea did. Er,r kJ... , cise ibe power br thae. i. ' ' 'IH ii. foreign 'r.ffl, n .I,,,, from th .V , 1 as sissippi aa j Or'eaai; and frew ' ' d ""e,l,c also. Tli. i ik. .i fwcT wserercWx'S owgre ew he Terr..rie. is e.-, tkalioaaal e'rainvd aissaaf - t - air- popalsr eov.r.ifatf or Htata aoveriu goty. has bee so'ernr a -i , k tbe opreroe C,ur, : let , ,r moclgr..,tv. Wl1,a..h.i. by, he deepen of le .preme Court, ,1 ,h.! b,rMr .7 4 t ti,e p wer r n (flat f .m . - - - - thus to egislate 7' i iho-.ewh - ". - -- 3 I't '.hit r.tiin r :i , ' . . " b I" the decitti. nf 'd.re o- th. k. . i . i p"r',n M"r 1 Xbeare i k r ,M. M JaZfci! T CnTt ' r... i, , . ' . . " 01 ton' ,' legiel. '.a over iha T.Tnlorie. aod th. ' f. ,. ,ntOT'e ri n'. .1 ir.i rr., i.:. :i l . .r .t . ' . ' , "l '' lt)et aease.tof tl. caeeaaa. mi mani- caee a eel f jrlh in .t. :- , , . is O'iniJB of (hi e,i:irt The plaintiffs Kr,.)fhi their aafjatj ft rcvr trrt n aojs wi is L d rjtias (old Pirauaot (a . ' C1 " " r OrirJ-. rl a codiaeten.'v o lint n.Mn.,.l...., , j. " . . . : "'"'wa the . r wa. anlu. i i,i$ eaurr nad ben ea TheeewMoi mk k Use aegsjeajaj has ka rrqj,ee , m, ,u aecl hag t us quae oa, f'ae .. . 9 .-, , e Vl w l ia relaiOB IB which . mm,, wie iur i v:-w rise rela.on ia whic ids tirn. Aa IT. a ... rT i ' "e Ia "awl :ma -',' J.a T'rri"ry of Ht un '. Z",trned bv virtue o'aal elaaea 1 "a Me cor.-;.f un whhh empowers Congre" '.' rr.!.ke ai needful rales and regulataae re- ' "'e" iJ'r t,lv,'r1 or "''ler property belong- "l4..! ' 1 courr adds, hr j i fi.;.. -j gov ra saav be fta ineviraM , conseaaenc ot :u riehi tt acGaira (aaaaaaaaa. ' t-. L lerriiory wbieh e-.r msv be tb ar.nr h... ah. .power is d sod me JHZZTZL?? jr.oned ' ."' unai'y eecnes rne very poir.. made, at t, th eompency of ae terr:oriel ci-Uif, in ',eee wcrd: Iney ate IrgiaU ve couiiyirestVd ia virtue of raa general righrof sovereignty whioh cxisl in f ie t'orersnierij-, or in vir.u of .,. clauta which eoables Congress fa ra,ks all needful rules and regalacions resper ng eue t ir Cory Ik. m i . .. ui ng!o' i, ne Linsa Moi.1 'iB l.rrnu, aa IT. . Ti greee exerei ' .r . I . , : , n m fh combined powers at tn fin.,.l .j . , i nuw v. m bovernrrent ' lhe cumbtoed - i j pew. r of a General and Hut. Li . ..... .... j - Thesa cuvrts th. territorial-court. Jar. nor cona'i ntion.l eenru. in which the judicial possir.d. They .r. inc.pabl. of receiv.r. it." .T . , , .... deci les 'hat thevre leg;.lative ennrw, , .. , , . I created in virtue nf the general rihl of sov- . , 6 T' ( "T , ?" hAl"r'r "peC,,! raT be set up l" eT,ie tae foro - this decision, one thing is cv' - in lh vgmint of tbe Supreme Court lb" P'0P! of lh rarrftottoa, daring tha t,rritorul rb"M1 ,t:on' "do not 'a th. Government, th.t lh exclu.iv. tight to gov- ,rn lhem " io CoT"-'" legislating for them "" P"'l""". como-ned powtr i Mtnrai ano of a fti.t government (American Inaarance Company e'. a', rn. Cau ter, 7 Curti, p. C87 ) I. not the combined power of the "General l-.L .l I M n ol Ce.elon to Which 1 l.akw l.l.rr.l. ' beyond all question la mi;tintv oer the Territories n re.te J in Coagreeja '; every act for the GovetrtMtai fraa tha .el of I7F.9 to lb. act of 1854 proves this: 1. gMation is sovereignly. 1 lux already fhnwn that tbe Ccneliioiion provi las for tVe adniiM.ion nf Berw ftaata. and thai the pnivissi'-n wa. purpoaely so liarrid a not lo compel their admiMion npon lhe e.me lernisvviih the original Males, hot to ea.bU Congress to tulj-ol tbem lo either lerws and conditions, and io Rdniil , rjrt i ,,, n pleas-sre, congress has i.pea.aly rxeicierd this power, a.d in each n ti - (j p an exuguitl r upon iie a.t.rfed imiirenrriti'de right ol equality of rW v ral i-ttter." The ar lo ea '! Ihe ; a.tpla o Ohio to foim r i.i. -i i i m, ajid for t leir admi m ioj tr. loueraiiop, sawn f"